Within the domain of the borderline between public and private law, administrative supervision and enforcement are important to ensure the appropriate balance between public and private interests. This domain encompasses situations where governmental authorities and private actors collaborate or where public law rules apply to private parties.
Here are some aspects of administrative supervision and enforcement within the domain of the borderline between public and private law:
Collaboration between public and private parties: In some cases, governmental authorities cooperate with private parties to carry out specific tasks or projects. Administrative supervision ensures that this collaboration complies with the applicable rules and that public interests are safeguarded.
Public procurement and tendering: Supervision also focuses on public procurement and tendering procedures, where public entities contract with private companies for works, supplies, or services. This involves verifying whether the tendering rules were properly applied and that bidders were treated fairly.
Concessions and permits: Supervision and enforcement may extend to concessions and permits granted by governmental authorities to private parties. It ensures that the conditions of these concessions and permits are adhered to and that public interests are respected.
Privatization and deregulation: In cases of privatization and deregulation, where government functions are transferred to private parties, administrative supervision ensures that the responsibilities and obligations of these parties are clear and that public interests are not compromised.
Protection of fundamental rights: In the borderline between public and private law, fundamental rights can also come into play. Administrative supervision ensures the protection of these fundamental rights, even when private parties perform governmental functions.
Dispute resolution: In case of disputes between public and private parties concerning public and private law matters, administrative supervision can ensure fair and objective resolution of these disputes.
Through administrative supervision and enforcement, the aim is to maintain a balanced relationship between public and private interests and to promote legal certainty and equality within the borderline between these legal realms.
